1. The Judicial Branch

3. Judicial Branch
Purpose – “Interpret the Laws”

5. Dual Court System
Courts are established on both the state and federal level.
Allows a faster process so one area does not become too busy.

6. The American Legal System
Both systems have three tiers:
Trial courts (a.k.a. District Courts): litigation begins and courts hear the facts of the case at hand
One judge, witnesses, presentation of evidence, jury or judge decides the case
Appellate courts (a.k.a. Circuit Courts): decide questions of law, not fact; reviews decisions of lower courts
Court of Final Appeals: Supreme Courts

8. Writ of Certiorari
An order from the Supreme Court to review a case from a lower court.

11. What “circuit” is Michigan in?

14. Judicial Checks Checks Over the Executive Branch
Judges appointed for life – can call president’s actions unconstitutional
Checks Over the Legislative Branch
Can declare acts of Congress unconstitutional

18. Judicial Review
Judicial review is the power of a court to decide if a law or other legal issue disregards the Constitution, and overturn it.
This power is not mentioned in the Constitution.
Judicial review was established by the Marshall Court in Marbury v. Madison (1803).
Marbury's long-term effect has been to allow the Court to have the final say in what the Constitution means.

22. The only court specifically created in the Constitution

23. Final authority in any case involving the Constitution

25. Who are Federal Judges? Typically federal judges have:
held previous political office such as prosecutor or state court judge
political experience such as running a campaign
prior judicial experience
traditionally been mostly white males
been lawyers
Term – life with “good behavior”

26. Federal Selection Process
President
Dept. of
Justice
Senators
ABA
Interest Groups
Senate
Jud. Comm.
Senate

27. The U.S. Supreme Court Highest court in the land 9 Justices
Chief Justice: John Roberts
Selects about 100 of the over 7000 cases that are submitted to it each year: chooses cases that involve significant Constitutional questions and are important to the entire country

29. The rule of four – four of the nine judges must agree they should hear the case.

30. Majority Opinion
States the decision of at least 5 Supreme Court Justices – this decision sets the precedent.

32. Precedent
A decision by the court paving the way for the future.

33. Concurring Opinion
states reasons why a judge agrees with the decision but for a different reason

34. Dissenting Opinion
The opinion/view of a minority judge(s)

36. How Supreme Court Decisions are Made
Case on the Docket
Approx 95
Briefs and Amicus
Briefs submitted
Oral Argument
Justices Conference
Cases discussed
Votes taken
Opinion Assigned
Opinions Drafted
and Circulated
Opinions Announced

37. Supreme Court Decisions
Courts do not have the power to implement their decisions. The executive branch must enforce the Court’s decisions.

38. How the Justices Vote Legal Factors Judicial Philosophy Precedent
Judicial Restraint - advocates minimalist roles for judges
Judicial Activism - feels that judges should use the law to promote justice, equality, and personal liberty.
Precedent
Prior judicial decisions serve as a rule for settling later cases of a similar nature.
Precedents can change over time
Ex. Plessy vs. Ferguson and Brown vs. Board of Education
Plessy vs. Ferguson
Brown vs. Bd. of Ed.

39. How the Justices Vote Extra-Legal Factors Public Opinion
Behavioral Characteristics
The personal experiences of the justices affect how they vote. Early poverty, job experience, friends and relatives all affect how decisions are made. “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life,” said Judge Sotomayor
Ideology
Ideological beliefs influence justices' voting patterns.
The Attitudinal Model
A justice's attitudes affect voting behavior.
Public Opinion
Justices watch TV, read newspapers, and go to the store like everyone else. They are not insulated from public opinion and are probably swayed by it some of the time.

40. Important Civil and Criminal Law Terminology
Criminal Law – Laws that regulate public conduct and set out duties owed to society
Criminal Case: Court determines whether person accused of breaking law is guilty or innocent
Prosecution (government) vs. defendant
Standard of Proof: Guilt beyond a reasonable doubt (must not have any doubt that defendant committed crime)

42. Civil Law – Laws that regulate relationship between individuals/groups of individuals
Civil Case: Court settles a disagreement over issues such as contracts, divorce, accidents
Plaintiff (individual bringing complaint) vs. defendant
Standard of Proof: Preponderance of evidence (more likely than not the plaintiff’s version of case is true)

44. Current Supreme Court

45. Justice Breyer – Appointed by President Clinton

46. Justice Kennedy Appointed by President Reagan

47. Justice Alito Appointed by President Bush (W)

48. Justice Roberts – Chief Justice Appointed by President Bush

49. Justice Ginsburg Appointed by President Clinton

50. Justice Scalia Appointed by President Reagan

51. Justice Scalia On The Record, 60 Minutes' Lesley Stahl Interviews The Supreme Court Justice About His Public And Private Life - CBS News

52. Justice Mayor Appointed by President Obama

53. Justice Elena Kagan Appointed by President Obama

54. Justice Thomas Appointed by President George H.W. Bush

55. Supreme Court Traditions
Record of service – 36 Years
Justices are seated by seniority – Chief Justice sits in the center; the senior associate justice sits to his right, the second senior to his left, and so on, alternating right and left.

56. More Traditions
Conference Handshake – Justices meet each day to discuss decisions – afterwards they all shake hands with each other.
This is a reminder that differences of opinion do not interrupt the overall harmony of purpose

57. Additional Cases to know
McCulloch v. Maryland=Federal Supremecy and “Implied Powers”

58. Gibbons v. Ogden
That a state cannot grant exclusive rights to navigate in its waters, because this is a breach of Congress' right to regulate interstate commerce, as guaranteed by the Constitution. This was the first case ever to go to the Supreme Court under the Commerce Clause of the U.S. Constitution. The case of Gibbons v. Ogden has been called the proclamation of American commerce." ed "the emancipation The ruling in this case established the importance of commerce between the states, and of any technological advance that might enable commerce between the states

59. Segregation Plessy v. Ferguson Separate but Equal
Brown v. Board of Education : Overturned Plessy v. Ferguson

60. Roe v. Wade
Abortion can be a right based on 14th Amendment or the 9th Amendment.
1973